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09/04/2009 16:03:07
Re: Medical leave - may not genuine

Hi Siew.
equery on staff entitlement on Medical leave
According to labor law, employee is entitled to 14 days medical leave

scenario of background- this particular staff has habitual discplinary issue (e.g late for work/ absent from work)

Does any employer has the right to reject MC if in any circumstances suspect that the MC given is not genuine

Examples of cases:

1. staff claimed she is medically not well - complaint of dizzyness and vomitting. On the first day, she informed the company she'll be on MC for one day. Next day, she called to say doctor gave her 2 days MC -so she did not show up for work.
However, reason given on the MC issued by doctor for being not fit for work is "backache". Called to check with doctor ,he (the doctor) shared the same medical problem - dizzyness and vomitting, but his MC issued written as "backache"

I understand from MMA this reason given is pretty "grey" area for argument
what should we do?

2. recently again, in the morning staff informed company will be late for work because sending child to clinic. But, later afternoon, called again to tell that she herself is also on MC.

We fully agreed that employee should be entitled for the medical benefits. However, if employer feel suspicious on those claim for the Medical benefits what should the company do?
Can the employer reject the claim of medical fees as well as the medical leave?

Pls advise. TQVM
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KL Siew
09/04/2009 17:46:50
It is quite difficult for a layman to challenge a doctor's medical certificate. You cannot reject the MC as long as it is genuine. Try to have your own panel doctors. If you already have one, tell the doctors not to be too liberal in handing out MCs.
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10/04/2009 02:01:59
Pls help to clarify.
I called to MMA to seek advice on the above scenario, some one told me that employer some how has the right to reject MC ?
Is this true?
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KL Siew
10/04/2009 08:32:11
To reject is easy but how are you going to prove the doctor was wrong in certifying the employee was unfit for work. You may ask MMA again what you should do to prove that the doctor was wrong. To me, should the case go to court, you could be "torn to pieces" by her lawyer, if she had one.
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